According to the provisions of China's Civil Code, if the mortgaged property has been leased or transferred before the establishment of the mortgage right, the original lease relationship will not be affected by the mortgage.
In addition, China's "Measures for the Administration of Commercial Housing Lease" also stipulates that during the lease period, if the house is transferred due to reasons such as gift, production analysis, inheritance, sale, etc., the original house lease contract will remain valid. If the lessee dies during the lease period, the person who lived with him before his death may lease the house in accordance with the original lease contract.
legal ground
The Relationship between Mortgage and Lease Right in Article 405 of People's Republic of China (PRC) Civil Code. If the mortgaged property has been leased or transferred before the mortgage is established, the original lease relationship will not be affected by the mortgage.
"Measures for the Administration of Commercial Housing Leasing" Article 12 During the lease period, if the house is transferred due to gifts, analysis of production, inheritance, sale and other reasons, the original house lease contract will remain valid. If the lessee dies during the lease period, the person who lived with him before his death may lease the house in accordance with the original lease contract.